Saiyed Saghir Ahmad, J. - (1.) The Petitioner, who is officiating Naib Tahsildar, has been placed under suspension by order dated 29 -7 -86 on the ground that he has been arrested while accepting illegal gratification. It is not disputed that the Petitioner was arrested and sent to jail and was released on bail after about a week.
(2.) The order of suspension is challenged on the ground that District Magistrate, who has passed this order was not competent to pass it, as he was not the appointing authority of the Petitioner who, on the relevant date, was officiating on the post of Naib Tahsildar. It has, therefore, been contended that the order is liable to be quashed and the Petitioner is entitled to be reinstated.
(3.) Rule 49A(2) of the U.P. Civil Services (Classification, Control and Appeal) Rules provides as under: 49A(2). A Government servant shall be deemed to have been placed, or, as the case may be, continued to be placed, under suspension by an order of the appointing authority (a) With effect from the date of his detention, if he is detained in custody, whether detention is on a criminal charge or otherwise, for a period exceeding forty eight hours, and (b) with effect from the date of his conviction if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty -eight hours and is not forth -with dismissed or removed consequent to such conviction. Explanation - The period of forty -eight hours referred to in Clause (b) of this Sub -rule shall be computed from the commencement of the imprisonment alter the conviction and for this purpose intermittent periods of imprisonment, if any, shall be taken into account.;